Second. Sections 2, 4, 5, 6, and 7 of the bill amend the various sections of the Nationality Act of 1940 so as to require, for purposes of naturalization, that persons bear arms, if required, in support and defense of the United States. The committee amended the original bill by inserting the words "if required" whenever the words "bear arms" appear in the bill.

All this part of the bill is being opposed by several organizations believing in the validity of the so-called conscientious objections against bearing arms. On the other hand, however, the provisions of the bill met with endorsement of our veterans' organizations and with an all-out support of the American Bar Association. The problem has an interesting court history. Up to 1946 the Supreme Court has been quite consistent in requiring the condition that aliens about to become citizens of this country agree to bear arms in its defense. That has been the Supreme Court's attitude up to the case of Girouard v. United States (328 U. S. 714). In this case-by a divided vote, five to three, the late Chief Justice Stone, Justices Reed and Frankfurter dissenting--the Supreme Court reversed its three earlier decisions in the Schwimmer, Macintosh, and Bland cases by favoring the granting of citizenship to an alien in spite of reservations by the applicant regarding the bearing of arms.

In the three earlier cases the Supreme Court had held, according to what had seemed to be the plain intent of Congress, that—

Naturalization is a privilege to be given, qualified, or withheld as Congress may determine, and which the alien may claim as of right only upon compliance with the terms which Congress imposes.

That it is the duty of citizens by force of arms to defend our Government against all enemies whenever necessity arises is a fundamental principle of the Constitution.

Whether any citizens shall be exempt from serving in the armed forces of the Nation in time of war is dependent upon the will of Congress and not upon the scruples of the applicant, except as Congress provides.

The substance of the oath has been definitely prescribed by Congress. The words of the statute do not admit of the qualification upon which the applicant insists. For the Court to allow it to be made is to amend the act and thereby usurp the power of legislation vested in another department of the Government. Chief Justice Stone-in favor of denying citizenship to an alier. conscientious objector-wrote the following:

A study of congressional action taken with respect to proposals for amendment of the naturalization laws since the decision in the Schwimmer case, leads me to conclude that Congress has adopted and confirmed this Court's earlier construction of the naturalization laws.

Nevertheless, five Justices held in the Schwimmer case that

The oath required of aliens does not in terms require that they promise to bear Nor has Congress expressly made any such finding a prerequisite to citizenship. To hold that it is required is to write it into the act by implication.

arms.

And the American Bar Association Journal editorialized in its February 1947 issue:

This is not a satisfactory condition of the law on a vital subject. Because it is a question of interpretation, it seems to be advisable and requisite that the Congress now makes its intention and policy clear.

The bill, if enacted, would unequivocally state the intent of Congress. The words "if required," inserted by the committee, mean that should requirements regarding selective service be enacted by Congress, such as exempting "conscientious objectors," naturalized citizens of that category would, of course, not be required to serve.

Third. Section 3 of the bill amends certain sections of the Nationality Act which deal with the naturalization of spouses of United States citizens. The existing law requires three different periods of residence in the United States for spouses of United States citizens, depending on the date of marriage. One year's residence is required of aliens who married citizens between 1922 and 1934. Three years' residence is required of aliens who married citizens between 1934 and the effective date of the present Nationality Act, which is January 13, 1941. Two years' residence is required of aliens who married citizens since that date and during the life of the act.

Section 3 of H. R. 2286 puts all spouses of United States citizens in the 5 years' residence class, the same as the alien who is not a spouse of a United States citizen. The provision which waives the necessity of filing a declaration of intention, or the so-called first paper would remain on the statute books.

The Department of Justice submitted to the committee for its consideration the possibility of setting a shorter period of residence for aliens married to United States citizens but agreed that a uniform period of residence should be set. No amendment for setting a shorter period has been offered in the committee.

The letter of the Attorney General addressed to the chairman of the Judiciary Committee, under date of June 10, 1947, is quoted hereunder. As to section 1, the Attorney General's recommendation to exempt from the reading test of persons 50 years of age or over was agreed upon by the committee. As to section 3, the Attorney General points out that the period of naturalization residence for spouses of citizens is made uniform by the bill at 5 years instead of 1, 2, or 3 years depending upon the date of the marriage. In commenting upon whether the uniform period in these cases should be 5 years the same as cases not involving United States citizen spouses, he states this question should be determined in line with the legislative policy of the Congress. Likewise, as to the remaining sections2, 4, 5, 6, and 7, all of which relate to the requirement that an applicant for naturalization must agree to bear arms, if required, in defense of the United States, he submits as a question of legislative policy. All of the clarifying amendments he has suggested have been adopted.

The letter reads as follows:

Hon. EARL C. MICHENER,

Chairman, Committee on the Judiciary,

House of Representatives, Washington, D. C.

JUNE 10, 1947.

MY DEAR MR. CHAIRMAN: This is in response to your request for my views concerning a bill (H. R. 2286) to amend section 101 of the Nationality Act of 1940. Section 1 of the bill would amend section 304 of the Nationality Act of 1940 (8 U. S. C. 704) to provide that no person shall hereafter be naturalized who cannot speak and read the English language unless physically unable to do so. Existing law requires only the ability to speak English.

In view of the educational facilities which are available throughout the United States to aliens who are desirous of becoming citizens, the requirement that persons under a certain age be able to read as well as to speak the English language would not appear to be unreasonable. However, section 1 of the bill would apply to a person of any age, which would doubtless impose an unusual hardship upon those persons who are so far advanced in years that the acquisition of a reading knowledge of the English language may prove rather difficult from the standpoint of the ability to learn, defective vision, time, and other factors. It is suggested, therefore, that such a requirement should be applicable only to those who are under, say, 50 years of age.

Sections 2, 4, 5, 6, and 7 of the bill would amend sections 307 (a), 331 (15), 332 (17), 335 (a) (b), and 338, respectively, of the Nationality Act of 1940 (8 U. S. C. 707 (a), 731 (15), 732 (17), 735 (a) (b), 738) to require petitioners for naturalization, and persons hereafter naturalized, to indicate their willingness to bear arms in support and defense of the United States. In effect these sections would enact into statutory law the rule which was enunciated by the Supreme Court in United States v. Schwimmer (279 U. S. 644 (1929)), with respect to the willingness of naturalization applicants to bear arms in defense of the Nation, and later repudiated by the Court in Girouard v. United States (326 U. S. 714 (1945)). It is noted that sections 4, 5, and 6 contain the proviso "if required," relative to the bearing of arms, whereas sections 2 and 7 do not. It is believed that the five sections were intended to be in conformity with one another and it is suggested, therefore, that the proviso be appropriately inserted in sections 2 and 7. Whether these sections should be enacted, however, presents a question of legislative policy concerning which I have no suggestion to make.

Section 3 would amend section 310 (a) and repeal sections 310 (b) and 311 of the Nationality Act of 1940 (amend 8 U. S. C. 710 (a) and repeal 8 U. S. C. 710 (b), 711) so as to provide that any alien who, after September 21, 1922, has married or marries a citizen, or whose spouse is naturalized during the existence of the marital relation may, if eligible to naturalization, and if such alien shall have resided in the United States in marital union with the citizen spouse for at least 1 year immediately preceding the filing of the petition for naturalization, be naturalized upon compliance with all the requirements of the law except the filing of a declaration of intention. Existing law (8 U. S. C. 710 (a) (b), 711) requires varying lengths of residence, from 1 to 3 years depending on the date of the marriage, with respect to the naturalization of alien spouses of citizens. The length of residence in the United States which is required of naturalization applicants in general, without the benefit of special status such as marriage to a citizen or service in the armed forces, is 5 years, of which 6 months must have been in the State where the applicant resided at the time of filing his petition (8 U. S. C. 707). The apparent effect of section 7 of the bill would be that 5 years' residence would be required of all naturalization applicants whose marriage to a citizen occurred subsequent to September 21, 1922. Thus, their only advantage over a naturalization applicant without such marital status would be the waiver of a declaration of intention. Whether this section should be enacted presents a question of legislative policy concerning which I have no suggestion to make.

In the event the bill receives favorable consideration, I desire to suggest the following technical changes.

On page 3, line 2, insert the phrase "since that date has been or" after the word "spouse".

On page 3, line 13, add the following sentence:

"Any petition for naturalization filed under such sections or under section 310 (a) of the Nationality Act of 1940 (8 U. S. C. 710 (a)) prior to the effective date of this section shall be heard and determined in the same manner as if those sections had not been repealed or amended by this section."

On page 3, line 21, insert the letter "(a)" immediately following the figure "332".

On page 4, line 14, change "who" to "whom".

On page 4, line 19, strike out the colon and insert a semicolon in lieu thereof. On page 4, line 24, strike out the semicolon and insert a period in lieu thereof. Strike out the language "and (5) if required, to bear arms in support and defense of the United States" which appears on line 24, page 4, and lines 1 and 2 of page 5, and insert it after the word "same" in line 19, page 4.

Substitute the word "revocation" for the word "termination" in line 1 of page 6. Add the phrase "and (b)" immediately following the letter "(a)" in line 4 of page 6.

Add the following sentence to subsection (h) on page 6:

Revocation of citizenship authorized by this subsection shall be considered the result of actual fraud within the meaning of the proviso to subsection (d) of this section."

I have been advised by the Director of the Bureau of the Budget that there is no objection to the submission of this report.

Sincerely yours,

CHANGES IN EXISTING LAW

In compliance with paragraph 2a of rule XIII of the Rules of the House of Representatives, changes in existing law made by this bill are shown as follows (existing law in which no change is made is printed in roman; omitted matter is printed within black brackets; the new matter is printed in italic):

Section 304 of the Nationality Act of 1940, as amended (54 Stat. 1140; 8 U. S. C. 704):

SEC. 304. No person, except as otherwise provided in this Act, shall hereafter be naturalized as a citizen of the United States upon his own petition who cannot speak and read the English language. [This] These requirements shall not apply to any person physically unable to comply therewith if otherwise qualified to be naturalized: Provided, That the requirement of reading the English language shall not apply to a person fifty years of age or over.

Section 307 (a) of the Nationality Act of 1940, as amended (54 Stat. 1142; 8 U. S. C. 707):

SEC. 307. (a) No person, except as hereinafter provided in this Act, shall be naturalized unless such petitioner []

(1) immediately preceding the date of filing petition for naturalization has resided continuously within the United States for at least five years and within the State in which the petitioner resided at the time of filing the petition for at least six months [,];

(2) has resided continuously within the United States from the date of the petition up to the time of admission to citizenship []; [and]

(3) during all the periods referred to in this subsection has been and still is a person of good moral character, attached to the principles of the Constitution of the United States [,]; and well disposed to the good order and happiness of the United States, and

(4) is willing to bear arms, if required, in support and defense of the United States.

Section 310 (a) of the Nationality Act of 1940, as amended (54) Stat. 1144; 8 U. S. C. 710):

SEC. 310. (a) Any alien who, after September 21, 1922, [and prior to May 24, 1934, has married or marries a citizen of the United States, or [any alien who married prior to May 24, 1934, a spouse who was naturalized during such period and] whose spouse since that date has been or is naturalized during the existence of the marital relation may, if eligible to naturalization, and if such alien shall have resided in the United States in marital union with the United States citizen spouse for at least one year immediately preceding the filing of the petition for naturalization, be naturalized upon full and complete compliance with all requirements of the naturalization laws, with the following exception [s]:

(1) No declaration of intention shall be required [:].

[(2) In lieu of the five-year period of residence within the United States, and the six months' period of residence in the State where the petitioner resided at the time of filing the petition, the petitioner shall have resided continuously in the United States for at least one year immediately preceding the filing of the petition.]

(b) Sections 310 (b) and 311 of the Nationality Act of 1940, as amended (U. S. C., 1940 edition, title 8, secs. 710 (b) and 711), are hereby repealed. Any petition for naturalization filed under such sections or under section 310 (a) of the Nationality Act of 1940 (8 U. S. C. 710 (a), (b), or 711) prior to the effective date of this section shall be heard and determined in the same manner as if these sections had not been repealed or amended by this section.

[(b) Any alien who, on or after May 24, 1934, has married or shall hereafter marry a citizen of the United States, or any alien whose husband or wife was naturalized on or after May 24, 1934, and during the existence of the marital relation or shall hereafter be so naturalized may, if eligible for naturalization, be naturalized upon full and complete compliance with all requirements of the neuralization laws, with the following exceptions:

(1) No declaration of intention shall be required;

(2) In lieu of the five-year period of residence within the United States, and the six months' period of residence in the State where the petitioner

resided at the time of filing the petition, the petitioner shall have resided continuously in the United States for at least three years immediately preceding the filing of the petition.]

[SEC. 311. A person who upon the effective date of this section is married to or thereafter marries a citizen of the United States, or whose spouse is naturalized after the effective date of this section, if such person shall have resided in the United States in marital union with the United States citizen spouse for at least one year immediately preceding the filing of the petition for naturalization, may be naturalized after the effective date of this section upon compliance with all requirements of the naturalization laws with the following exceptions:

(a) No declaration of intention shall be required.

(b) The petitioner shall have resided continuously in the United States for at least two years immediately preceding the filing of the petition in lieu of the fiveyear period of residence within the United States and the six months' period of residence within the State where the naturalization court is held.]

Section 331 (15) of the Nationality Act of 1940, as amended (54 Stat. 1153-1154; 8 U. S. C. 731):

SEC. 331. (15) It is my intention in good faith to become a citizen of the United States and to reside permanently therein, and, if required, I will bear arms in support and defense of the United States.

Section 332 (a) (17) of the Nationality Act of 1940, as amended (54 Stat. 1154-1156; 8 U. S. C. 732):

SEC. 332. (a) (17) I am attached to the principles of the Constitution of the United States and well disposed to the good order and happiness of the United States, and, if required, I will bear arms in support and defense of the United States.

Section 335 (a) and (b) of the Nationality Act of 1940, as amended (54 Stat. 1157; 8 U. S. C. 735):

SEC. 335. (a) A person who has petitioned for naturalization shall, before being admitted to citizenship, take an oath in open court

(1) to support the Constitution of the United States [];

(2) to renounce and abjure absolutely and entirely all allegiance and fidelity to any foreign prince, potentate, state, or soveriegnty of whom or which the petitioner was before a subject or citizen [];

(3) to support and defend the Constitution and the laws of the United States against all enemies, foreign and domestic [,]; and

(4) to bear true faith and allegiance to the same [] and, if required, to bear arms in support and defense of the United States: [p] Provided, [t] That in the case of the naturalization of a child under the provisions of section 315 or 316 the naturalization court may waive the taking of such oath if in the opinion of the court the child is too young to understand its meaning. (b) The oath prescribed by subsection (a) of this section which the petitioner for naturalization is required to take [,] shall be in the following form:

I hereby declare, on oath, that I absolutely and entirely renounce and abjure all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty of whom or which I have heretofore been a subject or citizen; that I will support and defend the Constitution and laws of the United States of America against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that, if required, I will bear arms in support and defense of the United States; and that I take this obligation freely without any mental reservation or purpose of evasion: So help me God. In acknowledgment whereof I have hereunto affixed my signature.

Section 338 of the Nationality Act of 1940, as amended (54 Stat. 1159-1160; 8 U. S. C. 738):

(h) If any person hereafter naturalized refuses to bear arms, if required, in support and defense of the United States, such refusal shall be sufficient in the proper proceeding to authorize the revocation of citizenship, and the cancellation of the certificate of naturalization. Such proceeding shall conform, so far as applicable, to that prescrit ed in subsections (a) and (b) hereof. Revocation of citizenship authorized by this subsection shall be considered the result of actual fraud within the meaning of the proviso to subsection (d) of this section.